News & Analysis as of

Marketing Health Insurance Portability and Accountability Act

Health Update - June 2017

HIPAA and Emerging Technologies - Editor’s Note: According to a HIMSS Mobile Technology Survey of healthcare provider employees, about 90% say they are using mobile devices to engage patients in their healthcare—and 36%...more

New York Regulators Lead the Charge to Fill Health Data Protection Gaps Left by Federal Law

by Hogan Lovells on

New York AG Settles Data Protection Enforcement Against Mobile Health Apps - After a year-long investigation into mobile health apps claiming to be able to measure vital signs or health indicators through smartphone...more

NY AG Targets Mobile Health Applications Over Privacy Policy, Misleading Claims Concerns

by Klein Moynihan Turco LLP on

The Office of the New York State Attorney General (“NY AG”) recently announced a settlement of its investigation into the privacy policy and advertising-related business practices of three popular health-based mobile...more

Health Update - November 2016

Post-Election Analysis: Healthcare Antitrust in a Trump Administration - In a Republican sweep of all the elected branches of the federal government, Donald Trump won the presidential election and Republicans retained...more

Health Update - November 2015

Best Practices for Using Social Media in Healthcare: Maximizing Impact, Mitigating Risk - Editor's note: In a generation more likely to seek health information online than see a doctor, social media is playing an...more

HIPAA Lessons from the Warner Chilcott Settlement

Last week, the US Attorney’s Office in Boston announced that drug company Warner Chilcott agreed to plead guilty to health care fraud and pay $125 million to resolve criminal and civil liability arising out of allegations...more

The FCC's TCPA Regulatory Ruling Imposes Tighter Call Restrictions

by Carlton Fields on

Last month, the Federal Communications Commission (FCC) released a long awaited declaratory ruling and order, FCC 15-72, addressing several petitions which sought clarification of or exemptions from Telephone Consumer...more

Healthcare Legal News Volume 5 Number 2

by Dickinson Wright on

According to a recent study by Accenture, by 2017 approximately 18 percent of the American public will purchase insurance through exchanges versus relying on traditional employer healthcare coverage or foregoing insurance...more

The Online Marketer’s Guide To Privacy

by Gray Reed & McGraw on

I’ve hesitated to write this post because the law is always changing and you can’t cover it all in one blog post (thank goodness for linking). I did a presentation to the Houston Interactive Marketing Association this week...more

OCR Issues Guidance on HIPAA Refill Reminder Marketing Exception, and other Modifications to Privacy Protections

by Ropes & Gray LLP on

On September 19, 2013, the Office of Civil Rights of the Department of Health and Human Services (“OCR”) released guidance on a number of privacy protections, the most significant of which relates to the refill reminder...more

OCR Guidance to Address HIPAA Marketing Turmoil

In response to a recent lawsuit and outcry from a variety of players in the health care market, the Department of Health and Human Services (“HHS”) has committed to issuing guidance by September 23rd (the compliance date for...more

HIPAA Marketing Rules Prompt First Amendment Challenge

In what is believed to be the first legal challenge to the HIPAA Omnibus Rule (the “Rule”), a vendor of prescription drug adherence services is seeking an injunction to block certain provisions of the Rule related to drug...more

HIPAA Omnibus Rule Compliance: Is Your Practice Ready?

by Tucker Arensberg, P.C. on

On January 17, 2013, the United States Department of Health and Human Services released a Final Rule, commonly known as the “HIPAA Omnibus Rule,” which included significant changes to the HIPAA compliance requirements for...more

Final HIPAA Regulations Impact Group Health Plans

by Dechert LLP on

The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) sets forth rules to protect the privacy and security of individuals’ health information that is held by “covered entities,” such as group health plans....more

"Eye on Privacy" Newsletter - May 2013

In this issue: - FTC Issues New Guidance for Disclosures in Online Advertising - European Regulators Opine on "Purpose Limitation" Principle – What Constitutes "Compatible Use" in the Context of Big Data?...more

Highlights of the Omnibus HIPAA/HITECH Final Rule

by Cozen O'Connor on

On January 25, 2013, the Office of Civil Rights (OCR) of the Department of Health & Human Services (HHS) published the long-awaited omnibus final regulation governing health data privacy, security and enforcement (Omnibus...more

New HIPAA Omnibus Regulations – What Employers Who Sponsor Group Health Plans Need to Know to Comply

by Snell & Wilmer on

On January 25, 2013, the Department of Health and Human Services (HHS) published final regulations that modify the Privacy, Security, Enforcement and Breach Notification Rules issued pursuant to the Health Insurance...more

Legal Alert: Final HIPAA Regulations Released: Time To Review Your HIPAA Policies?

by FordHarrison on

The U.S. Department of Health and Human Services ("HHS") recently released long-awaited final HIPAA Regulations. The new regulations finalize many changes previously proposed to the Privacy, Security, and Enforcement Rules,...more

New HIPAA Rule Imposes Data Security and Privacy Obligations Directly Upon Vendors and Contractors of Covered Entities

by White & Case LLP on

On January 25, 2013, the Department of Health and Human Services ("HHS") published the Final Rule to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA")'s Data Security and Privacy Rules. The Final Rule...more

What Employers That Maintain Group Health Plans Need to Know About the HIPAA Omnibus Regulations

by Snell & Wilmer on

On January 25, 2013, the Department of Health and Human Services (HHS) published final regulations that modify the Privacy, Security, Enforcement and Breach Notification Rules issued pursuant to the Health Insurance...more

Burr Alert: New HIPAA Rules Issued: “Sweeping” Changes For Healthcare Providers And Business Associates

by Burr & Forman on

On January 17, 2013, the Department of Health and Human Services (“HHS”) released its long awaited final HIPAA rule, which significantly expands certain obligations for healthcare providers and their business associates (the...more

Health Care Legal News - January 31, 2013 • Volume 3, Number 1

by Dickinson Wright on

In This Issue: - SPECIAL EDITION ON THE HIPAA OMNIBUS FINAL RULE PART I - REVISIONS TO THE RULES ON BREACH NOTIFICATION - FINAL RULE REQUIRES GROUP HEALTH PLANS AND PROVIDERS TO UPDATE THEIR NOTICE OF PRIVACY...more

McAfee & Taft Healthcare Industry Alert: New HIPAA regulations - Begin your compliance review now

by McAfee & Taft on

On January 17, 2013, the Department of Health and Human Services issued a final rule amending the Health Insurance Portability and Accountability Act (HIPAA) privacy and security regulations and implementing the Health...more

HIPAA Happenings — The New HITECH Act Megarule

by Holland & Knight LLP on

Way back on February 17, 2009, Congress passed a stimulus bill that contained provisions referred to as the Health Information Technology for Economic and Clinical Health ("HITECH") Act. The HITECH Act was geared toward...more

A Detailed Analysis of Changes to HIPAA and the Implications for Healthcare Providers and Others in the Healthcare Industry: HIPAA...

Changes to the HIPAA Privacy Rule: Background: The HIPAA Privacy Rule governs the use and disclosure of Protected Health Information (“PHI”). Prior to the HITECH Act, the Privacy Rule only applied to Covered Entities...more

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